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Florida Trust & Probate Attorneys Blog

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The One Inconvenient Truth About the “Living Trust Revolution”

By Phil Rarick & Jacqueline Bowden Gold, Weston Estate Planning Attorneys In 1992 estate planning attorneys  Robert Esperti and Renno Peterson wrote the best selling book, The Living Trust Revolution that captured the major shift in estate planning arising from the $6.8 trillion worth of wealth transfer beginning to take…

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One Thing Every Parent Should Have For Their Children – Instructions!

One Thing Every Parent Should Have For Their Children – Instructions! By Phil Rarick, Weston Estate Planning Attorney You and your spouse are finally going out for the evening.  The babysitter, a high school student,  has arrived and you are loading the young woman with last-minute instructions:  time for bed, make…

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3 Ways Family Law Attorneys Can Use Irrevocable Minor Trusts

By Phillip B. Rarick, Weston Estate Planning Attorney Irrevocable minors trusts should always be an important tool in the Family Law Attorneys bag of tools because  a well designed trust can address multiple issues that cannot be fully resolved through a Marital Settlement Agreement.   It may be a good idea…

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What Is the Federal Gift Tax Annual Exclusion for 2019?

By Phillip B. Rarick, Esq. and Jay R. Beskin, Esq. Last year the Federal annual gift tax exclusion was $15,000 and the amount remains the same for 2019.  This means you can walk down the street and give out $15,000 to every person you meet and not have to file…

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When Bad Things Happen To Good Families:  Keeping Peace In The Family Upon Death Of Family Matriarch Or Patriarch

By: Phil Rarick, Esq.  A Short Story With a Big Lesson Everyone admired the Anderson family.    Walter and Joan had 5 children and had worked hard all their lives to give their children the best of American life:  each child received a car when they were a junior in high…

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Ensuring You Get Paid to Represent A Florida Trustee – And Avoiding A Conflict of Interest Sandtrap

By:  Phillip B. Rarick, Weston Estate Planning Attorney In 2008 Florida passed an amendment to our Trust Code designed to allow a Trustee to use trust funds to pay legal fees incurred in defending a breach of trust litigation without prior court approval, so long as the Trustee gave notice…

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3 Ways Your Thoughtful Florida Will Can Be Made Meaningless

By: Phil Rarick Here is a scenario we see more and more with persons who try to do estate planning themselves, specifically Florida Wills, without consulting with an experienced estate planning attorney.     Louise has three adult daughters, Erma, Madeline, and Roseanne.  The daughters are all close and speak to each…

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Three Common Problems We See With Non-Florida Wills

By: Jacqueline R. Bowden Gold Our office handles probate estates for many out of state residents through our Florida Counsel services. In handling the estates there are three common problems we see with Non-Florida Wills that can easily be avoided by consulting with a Miami Estate Planning attorney. If you…

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Strengthen Your Prenuptial Agreement With A Nevada Asset Protection Trust

By Phil Rarick All modern passenger jet planes have at least two engines.  Similar reasoning applies to prenuptial agreements.    Many will argue that a good prenuptial agreement should fly safely on its own without the need for a “second engine.”   However, a second engine could be a Nevada Asset Protection…

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Why Every Attorney Over Age 35 Should Consider an Asset Protection Trust – Now!

By Phil Rarick, Esq. May the odds be with you – but frankly they are not: A recent study indicated that the average lawyer can now expect three legal malpractice claims during his or her career. The overwhelming majority of legal malpractice claims — over 65% — are brought against…

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